Environmental Law No. 2872 and Waste Management Regulation regulate the classification, storage, transportation and disposal of waste. Violations lead to high administrative fines and criminal liability.
Waste Types
- Hazardous waste: Flammable, explosive, toxic, corrosive (chemical, medical, electronic).
- Non-hazardous waste: Recovery potential (paper, plastic, glass).
- Special wastes: Medical, packaging, waste oil, batteries.
- Construction waste: Excavation, concrete, iron.
- Domestic waste: Responsibility of the municipality.
Obligor Liability
- Producer of waste — primary responsible.
- Carrier — authorization certificate required.
- Disposal facility — licensed.
- Document chain (Waste Declaration System).
- Annual declaration and audits.
Hazardous Waste Obligations
- Separate collection and temporary storage.
- Contract with authorized licensed facility.
- Issuing a transport document.
- UATF (National Waste Transport Form).
- Monthly reporting.
- Environmental consultancy obligation (large scale).
Administrative Sanctions
- High administrative fines (indexed annually).
- Activity suspension.
- License revocation.
- Plant closure.
Penal Dimension — TCK art.181-184
- Crimes against the environment (intentional/negligent).
- Unauthorized handling of hazardous materials.
- Illegal disposal of waste.
- Penalties: 6 months to 5 years imprisonment.
4th CD of the Supreme Court and 14th Chamber of the Council of State — Established Approach
4. The CD and the 14th Chamber of the Council of State make a careful distinction between intentional acts and “neglect” in waste management violations; He accepts that the "I didn't know" defense cannot be accepted due to the absence of technical records, and that not appointing an environmental consultant aggravates the negligence.
Other Relevant Legislation
- Hazardous Waste Control Regulation.
- Medical Waste Control Regulation.
- Regulation on Control of Packaging Wastes.
- Regulation on the Control of Waste Oils.
- Electronic waste (WEEE) Regulation.
Practical Advice — Business
Waste management violations bring high amounts of sanctions. Environmental law lawyer recommended.